Dix et al v. Peters et al
| Ruby E. Dix and Cory P. Dix |
| Kathleen A. Peters and Auto-Owners Insurance Company |
| 5:2018cv00891 |
| July 31, 2018 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Mae A D'Agostino |
| David E Peebles |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 14 TEXT ORDER granting #13 LETTER BRIEF filed by Auto-Owners Insurance Company: It is hereby ORDERED that defense counsel's request for an extension of time to file a status report addressing the jurisdictional issue raised at the pre-motion telephone conference is GRANTED. Defense counsel shall file a Status Report on or before 10/9/2018. No further extensions of this deadline will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 9/28/2018. (ban, ) |
| Filing 13 LETTER BRIEF to Judge Mae D'Agostino by Auto-Owners Insurance Company. (Weinstock, Gregg) |
| TEXT Minute Entry for Telephone Pre-Motion Conference held on 9/20/2018 before U.S. District Judge Mae A. D'Agostino: Appearances by Armen Nazarian, Esq. for the Plaintiff; Hilary Banker, Esq. for defendant Peters; and Gregg Weinstock, Esq. for defendant Auto-Owners; A pre-motion telephone conference is held with counsel; Judge D'Agostino addresses counsel; Counsel for each party addresses the Court; Judge D'Agostino directs defense counsel Gregg Weinstock, Esq. to file a status report by 10/1/18. If counsel are unable to resolve the issues raised, Defendants may file their motion(s).(Court Reporter Theresa Casal, CRD Britney Norton [Time 12:40 p.m. - 12:50 p.m.]) (ban) |
| Filing 12 Pre-Motion Response to #10 Pre-Motion Letter by Kathleen A. Peters requesting a pre-motion conference submitted to Judge D'Agostino . (Nazarian, Armen) |
| Filing 11 AFFIDAVIT of Service for Summons, Complaint and Filing Order served on Kathleen Peters on 09/04/2018, filed by Cory P. Dix, Ruby E. Dix. (Nazarian, Armen) |
| Filing 10 Pre-Motion Letter by Kathleen A. Peters requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 9/14/2018 (Banker, Hilary) |
Filing 9
ORDER denying #8 Motion for Entry of Default. Plaintiff commenced this action on July 31, 2018. On August 20, 2018, Defendant Auto-Owners Insurance Company filed a pre-motion letter requesting permission to file a motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer venue. See Dkt. No. 5. The following day, Plaintiff responded to the letter request. See Dkt. No. 7. On August 22, 2018, the docket was updated to indicate that Defendant's answer is due on August 23, 2018. This was done because Plaintiff had filed its affidavit of service of the summons and complaint on August 21, 2018. On August 28, 2018, Plaintiff filed a motion for entry of default. See Dkt. No. 8. Pursuant to the Individual Rules of Practice of Hon. Mae A. D'Agostino, "[t]he transmittal of a pre-motion letter for a proposed motion under Rule 12(b) of the Federal Rules of Civil Procedure stays the time to answer or move until further order of the Court." The Court has not yet acted on Defendant Auto-Owners Insurance Company's pre-motion letter and, therefore, the time to file its answer has been stayed. The Court will be scheduling a pre-motion telephone conference with all counsel in due course. Accordingly, Plaintiff's motion for entry of default is DENIED. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 08/29/2018. (bto)
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| Filing 8 MOTION for Entry of Default Motion Hearing set for 10/2/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/17/2018 Reply to Response to Motion due by 9/21/2018. filed by Cory P. Dix, Ruby E. Dix. (Attachments: #1 Affirmation of Armen J. Nazarian in Support of Plaintiffs' Request for Entry of Default, #2 Proposed Order/Judgment) Motions referred to David E. Peebles. (Nazarian, Armen) |
| ***Answer due date updated for Auto-Owners Insurance Company: answer due 8/23/2018. (rep) |
| Filing 7 RESPONSE TO LETTER BRIEF filed by Cory P. Dix, Ruby E. Dix as to #5 Letter Request/Motion filed by Auto-Owners Insurance Company . (Nazarian, Armen) |
| Filing 6 AFFIDAVIT of Service for Summons, Complaint and Filing Order served on Auto-Owners Insurance Company on 08/02/2018, filed by Cory P. Dix, Ruby E. Dix. (Nazarian, Armen) |
| Filing 5 Letter Motion from Gregg Weinstock for Auto-Owners Insurance Company requesting Pre-motion conference to establish a briefing schedule. submitted to Judge Mae D'Agostino . (Weinstock, Gregg) |
| Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (jdp, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 10/31/2018 at 11:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/24/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, ) |
| Filing 2 Summons Issued as to Auto-Owners Insurance Company, Kathleen A. Peters. (Attachments: #1 Summons)(jdp, ) |
| Filing 1 COMPLAINT against Auto-Owners Insurance Company, Kathleen A. Peters (Filing fee $400 receipt number 4465448) filed by Cory P. Dix, Ruby E. Dix. (Attachments: #1 Civil Cover Sheet)(jdp, ) |
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